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Full-Text Articles in Law

New Legislative Approaches, Laird Noh Jun 1993

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

7 pages.


Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman Jun 1993

Of Citizen Suits And Citizen Sunstein, Harold J. Krent, Ethan G. Shenkman

Michigan Law Review

After briefly summarizing Lujan and addressing Sunstein's critique, we explore the concept of accountability underlying the creation of a single executive in Article II. We then apply our theory of the unitary executive to several examples of broad grants of statutory standing, concluding that Congress can confer standing on private citizens only if it specifically articulates and individuates the interests whose violation gives rise to a cognizable case. Although we agree with Sunstein's view that broad grants of statutory standing do not necessarily trench upon constitutional values, we ultimately side with Justice Scalia in concluding that universal citizen standing, as …


The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter May 1993

The Endangered Species Act Under Attack: Could Conservation Easements Help Save The Esa?, Kimberley K. Winter

Northern Illinois University Law Review

In this article the author notes that the Endangered Species Act has increasingly come under attack. The attack on the ESA has been brought about primarily due to the substantial adverse economic effects caused by enforcement of the ESA 's provision. The author seeks to alleviate the economic burden on the affected parties in order to decrease the push for ESA reform. First, the author examines Fifth Amendment taking theory and concludes that it is insufficient to rectify the problem. Second, the author examines conservation easement theory and concludes that the purchase of conservation easements by environmental organizations would be …


A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks Apr 1993

A Survey Of The Enforcement Of International Wildlife Trade Regulation Under United States Law, Jennifer Zoe Brooks

William & Mary Environmental Law and Policy Review

No abstract provided.


Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy Jan 1993

Beyond The Spotted Owl Problem: Learning From The Old-Growth Controversy, Alyson C. Flournoy

UF Law Faculty Publications

This Article is a case study of a single controversy that has been raging in the Pacific Northwest: the now infamous dispute over logging in publicly owned old-growth forests and the attendant threat to the northern spotted owl. The spotted owl, confronting extinction, sits at the center of the controversy, but the debate extends far beyond the fate of the owl, raising issues about the intrinsic value of unique and native ecosystems and the long-term consequences of logging practices on our public lands on the one hand, and about the costs of environmental protection and economic transition on the other.